Mr J Holland v Enigmatic Smile Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000903/2025 Held in Glasgow on 4 September 2025 Employment Judge M A Macleod Mr J Holland Claimant In Person Enigmatic Smile Ltd Respondent Represented by: Mr M Landels - Solicitor

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that the respondent’s application for strike out of the claimant’s claims should be refused; and that the respondent’s application for a deposit order as a condition of the claimant being permitted to continue with his claims should also be refused.

REASONS

1. The claimant presented a claim to the Employment Tribunal on 15 April 2025, in which he complained that he had been automatically unfairly dismissed on the grounds that he made a protected disclosure, and discriminated against on the grounds of race and religion or belief.

2. The respondent submitted an ET3 response in which they resisted the claimant’s claims, and attached an application for strike out of the claimant’s claims on a number of bases, together with a “draft Order” suggesting wording of an Order to be issued by the Tribunal. The ET3 was initially rejected as it appeared to have been presented after the statutory deadline; however, at a Preliminary H...